Christopher James Funk, 44, Rogersville, was arrested on Aug. 4 around 10 p.m. after the 2016 Harley-Davidson he was driving on East Main Street in Rogersville reportedly traveled off the right side of the road and came to rest on its side.
Investigating Tennessee Highway Patrol Trooper Rex Bailey stated in his report that Funk exhibited signs of impairment but refused to perform field sobriety tests or submit to a breath or blood test.
A search warrant was obtained by the THP for a blood test.
Defense attorney Daniel Boyd argued that the search warrant was faulty because the judge’s signature which is required after the search warrant is executed wasn’t obtained.
Ross ruled that all evidence obtained as a result of the search warrant was inadmissible.
On Monday, Ross dismissed all charges against Funk including DUI, possession of a handgun while under the influence, improper lane change, no insurance and violation of the implied consent law.
An implied consent violation occurs when a DUI suspect refuses to submit to a blood or breathalyzer test.
The law requires that charge to be placed on a separate warrant, but Bailey placed it on the same warrant as the other charges, which resulted in its dismissal on a technicality as well.
Funk had been a patrolman with the Rogersville Police Department since 2013 and was previously a deputy with the Hawkins County Sheriff’s Office.
He was suspended from the RPD without pay following his arrest.
The vacancy Funk left in the department was filled, and RPD Chief Doug Nelson said he will meet with the mayor Wednesday to determine if Funk will be offered his old job.